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1950 Supreme(Pat) 135

SARJOO PRASAD
Harendra Nath Pathak – Appellant
Versus
State Of Bihar – Respondent


Judgment

Sarjoo Prasad, J.

1. This application relates to the expunging of certain remarks made by the Sub-Divisional Magistrate of Aurangabad in an order disposing of a proceeding under Sec.144, Criminal P. C. The petitioner was not a party to the said proceeding and yet it is said that the learned Magistrate made those unwarranted and un-justified remarks without making him a party to the proceeding or giving him an opportunity to explain his conduct. The petitioner is an Honorary Magistrate of the sub-division and he is also the Manager of the Kunda Estate, known as the Bengali Estate, in the district of Gaya. The circumstances which led to the proceeding under Sec.144, relate to a dispute with regard to an area of about 66 bighas of land situate in village Sansha, police station Daudnagar, in the sub-division of Aurangabad. The petitioner states that 19 bighas and odd of these lands belonged to one Rameshwar Gosain, of which the Kunda Estate and other co-sharers were the landlords. The Estate obtained a decree for rent against this Rameshwar Gosain and, in execution of the said decree, the lands in question were sold and purchased by the decree-holder landlord of which the landl









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